AND NOW, this 6th day of October 2009, it is ORDERED that Defendant's Motion to Dismiss is DENIED in part, without prejudice to Defendants, and GRANTED in part:

* Defendants' motion to dismiss Plaintiff's FCRA claims is DENIED, without prejudice to raise at a later stage in the litigation.

* Defendants' motion to dismiss Plaintiff's defamation claim is DENIED, without prejudice to raise at a later stage in the litigation and to raise any preemption issues regarding state law tort claims.

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